ASHOK G. CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has pased the Indian School Certificate Examination held in March, 1990 by the Council for the Indian School Certificate Examination, New Delhi. The said examination is equivalent to 12th Standard examination held by the Gujarat Higher Secondary School Board. The petitioner has passed the said examination at first attempt. It is his contention that those students, who have obtained less marks than that of the petitioner, are given admission by the respondent No. 2 in the College of Homeopathic Medicine and Hospital. The petitioner had submitted his form for getting admission and he is not given admission. In the affidavit-in reply, it has been stated that the petitioner is not fulfilling the conditions of the Rules framed by the Government and, therefore, he is not entitled to have admission in D.H.M.S. Course. It has been sought to be contended that the petitioner passed the 10th Standard examination in the year 1985 and thereafter he has cleared his 12th Standard examination only in the year 1990. Therefore, as per the Rules he has not passed the examination within the stipulated time of two years.

(2.) As per the Rules, which are annexed with the petition as annexure B2, the relevant Rules are Rules 3 and 4 of the said Rules. Rule 3 provides that if a candidate has failed on two or more than two occasions in the qualifying examination, then he would not be eligible for admission to Homeopathic College. It also provides that he must have completed 17 years of age before 31st December of the year. With that condition, we are not concerned in this petition.

(3.) Rule 4 (2) of the Rules provides that 10 marks will be deducted in case of each unsuccessful attempt in the examination and also in the case of non-appearance, though the student is eligible to appear in the examination. Considering the aforesaid Rules, it cannot be said that any mark requires to be deducted from the marks obtained by the petitioner. Admittedly, the petitioner has not failed at any time. After passing 10th Standard examination in the year 1985, the petitioner left the school. Again, he joined 11th Standard in June 1988. He thereafter passed 11th Standard Examination in March-April 1989. Thereafter, he passed 12th Standard Examination in June 1990. As the petitioner has not attended the classes of 11th Standard in 1986 or 1987, he was not eligible to appear in 11th Standard Examination during that year. Similarly, he was not eligible to appear in 12th Standard Examination upto March 1990. Hence, the contention that the petitioner is not fulfilling the conditions of the Rules and, therefore, he is not entitled to have admission in D.H.M.S. course has no merit. Considering the Rules for admission, it cannot be said that any mark requires to be deducted from the marks obtained by the petitioner.